Tesla electric vehicles (EVs) are some of the most technologically sophisticated vehicles on our roads today. In addition to their lithium-ion battery-powered motors, new Teslas are equipped with a full self-driving (FSD) feature, aptly titled Autopilot. However, there are a lot of misconceptions regarding the Tesla Autopilot. Between driver error and malfunctioning components, some people have been severely injured.
If you were driving on I-95 and a Tesla began drifting across lanes or erratically slowing down, causing an accident, you may have grounds for an Autopilot crash claim. Below, our Tesla accident lawyers in Fort Lauderdale explain who may be liable, how self-driving car accidents are litigated under Florida law, and the compensation you may be able to seek. If you have additional questions, ourFort Lauderdale car accident lawyers can help.
What Is Tesla’s “Autopilot?”
Tesla Autopilot is a group of integrated systems, including Traffic-Aware Cruise Control and Autosteer, that uses multiple sensors and cameras to drive the vehicle. It is considered a “supervised” full self-driving system. Classified as a level 2 self-driving system (with Level 5 being completely autonomous), Autopilot still requires the driver to remain in control and aware of their surroundings. AsTesla states, you must “keep your hands on the steering wheel at all times.”
Legally, the driver is responsible for any accidents they cause, whether the Autopilot is engaged or not. However, they may not be the sole liable party.
Who Can Be Liable After a Tesla Autopilot Accident in Fort Lauderdale
Accidents involving the Tesla Autopilot can be quite complicated due to the multiple parties that could be found liable:
The Tesla Driver
First and foremost, the at-fault driver is commonly the liable party. We frequently see accidents due to such negligent actions as the following:
- Failure to Supervise: The Tesla driver failed to keep their hands and feet on the controls, unprepared to react to any sudden changes.
- Distracted Driving: The driver was paying more attention to the monitors, staring off-road, or engaging in other behaviors.
- Unsafe Speed: Driving over the speed limit reduces a driver’s reaction time to changing conditions.
- Improper Lane Change: Drivers failing to check before changing lanes, leading to sideswipes.
- Following Too Closely:Aggressive and reckless driving can often result inrear-end collisions.
Another Driver
If another driver failed to act responsibly, such as aggressively cutting you off or driving while intoxicated, their actions could have contributed to the accident. They would share in the liability.
Tesla or a Part Manufacturer
Autopilot is a sophisticated computer system, and as such, its components can fail and malfunction. The accident could have also been due to an EV malfunction, such as:
- Potential defects in design
- Failure to properly warn about the system’s limits
- Software/update errors
- Sensors and cameras are malfunctioning
Under aproduct liability claim, Tesla or a part manufacturer could share in the liability.
Repair Shops and Maintenance Issues
In that same line of thought, malfunctions with the Autopilot could also be due to improper maintenance. For example, improper calibration after the windshield was replaced, failure to properly align a sensor, or even ignoring issues with the brakes andtires could place a degree of fault on the negligence of a repair crew.
The Local Municipality
Though rare, it is possible that the accident could also be the result of poor design and maintenance of the road, such as:
- Missing signage
- Confusing lane markings
- Malfunctioning signals
Under the legal concept of comparative fault, multiple parties can share blame. However, Florida follows amodified comparative fault doctrine. Any party who is found to be greater than 50% at fault is barred from collecting compensation.
Florida Personal Injury Protection Insurance Coverage
Even though multiple parties could have contributed to your accident, Florida requires all drivers to carrypersonal injury protection (PIP) insurance. This policy is designed to provide you with coverage for medical bills and lost income up to the policy limit, regardless of fault. But coverage is limited to 80% of your medical expenses and 60% of your lost wages.
For victims who suffer severe injuries, it is possible to step outside of your PIP coverage. UnderFlorida Statutes § 627.737, victims who meet the serious injury threshold can file a lawsuit against the negligent parties. Serious injuries would be:
- Loss of a bodily function
- Permanent injury
- Significant scarring
The statute also allows families to file awrongful death lawsuit for the loss of a loved one.
Compensation for Tesla Autopilot Accident Victims May Recovered
If you have been injured in a car accident, you have a right to recover the financial losses you have suffered. In cases that meet the serious injury threshold, you may even be able to pursue compensation for the impact on your quality of life. Your economic and non-economic damages could include the following:
- Pain and suffering and emotional distress
- Current and future medical expenses
- Lost income and reduced earning capacity
- Property damage
- Out-of-pocket costs, such as transportation and home modifications
In severe cases, we may also seek compensation for your long-term care needs.
What To Do After an Autopilot Crash in Fort Lauderdale
Ourpersonal injury attorneys in Fort Lauderdale advise accident victims to take these necessary steps to protect both their health and rights:
- Get medical care immediately at Broward Health or a facility near you
- Call 911 for the Fort Lauderdale Police to create an accident report
- Document everything, such as photos, names, and witness statements
- Don’t speculate about “Autopilot caused it” at the scene
- Notify your insurer, but avoid giving a recorded statement
From there, you should reach out to a law firm that handles serious injury and product-related investigations.
Call the Law Offices of Wolf & Pravato About Your Tesla Autopilot Crash
The Law Offices of Wolf & Pravato has been helping the injured for over two decades, securing over $200 million for our clients. The initial consultation is free, and our Tesla car accident lawyers work on contingency. You pay nothing unless we win.
Call us today at (844) 643-7200 to get started.